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* * * SECOND PUBLIC NOTICE * * * 

THE PIO PICO ENERGY CENTER 

NOTICE OF EXTENSION OF PUBLIC COMMENT PERIOD; 

ANNOUNCEMENT OF PROPOSED PERMIT AND REQUEST FOR PUBLIC COMMENT 

ON PROPOSED CLEAN AIR ACT 

PREVENTION OF SIGNIFICANT DETERIORATION PERMIT 

PERMIT APPLICATION NO. SD 11-01 

The United States Environmental Protection Agency, Region 9 (EPA) provides notice of, and 

requests public comment on, EPA’s proposed action relating to the Prevention of Significant 

Deterioration (PSD) permit application for the Pio Pico Energy Center (Project). EPA 

previously issued public notice regarding this proposed permit on June 20, 2012. Due to a 

mailing list error, EPA is extending the public comment period for this proposed permit, 

and all comments on the proposed permit must be received by email or postmarked by 

September 5, 2012. 

EPA is issuing a proposed PSD permit that would grant conditional approval, in accordance with 

the PSD regulations (40 CFR 52.21), to Pio Pico Energy Center, LLC to construct and operate a 

300 megawatt (MW, nominal) electric generating facility. The mailing address for the Pio Pico 

Energy Center, LLC is P.O. Box 95592, 2542 Singletree Lane, South Jordan, UT 84095. The 

proposed location for the Project is an unincorporated area of San Diego County known as Otay 

Mesa. It is comprised of a 9.99 acre parcel located at 7363 Calzada de la Fuente in the Otay 

Mesa Business Park. 

The proposed Project consists of three General Electric (GE) LMS100 natural gas-fired 

combustion turbine-generators (CTGs) with a total net generating capacity of 100 megawatts 

each. The Project is located within the San Diego County Air Pollution Control District 

(District). 

 

The proposed PSD permit for the Project would require the use of Best Available Control 

Technology (BACT) to limit emissions of nitrogen oxides (NOx), total particulate matter (PM), 

particulate matter 10 micrometers (μm) in diameter and smaller (PM10), particulate matter 2.5 

μm in diameter and smaller (PM2.5), and greenhouse gases (GHG), to the greatest extent feasible. 

Air pollution emissions from the Project would not cause or contribute to violations of any 

National Ambient Air Quality Standards (NAAQS) for the pollutants regulated under the PSD 

permit. 

The emissions of other air pollutants from the proposed Project, including the pollutants for 

which the area is not meeting the NAAQS (and precursors that lead to the formation of such 

pollutants), are regulated by the District. On May 4, 2012, the District issued a Final 

Determination of Compliance (FDOC) for the Project. 
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Any interested person may submit written comments on EPA’s proposed PSD permit for the 

Project. All written comments on EPA’s proposed action must be received by EPA via email by 

September 5, 2012, or postmarked by September 5, 2012. Comments must be sent or delivered 

in writing to Roger Kohn at one of the following addresses: 

E-mail: R9airpermits@epa.gov

U.S. Mail: Roger Kohn (AIR-3) 

 U.S. EPA Region 9 

 75 Hawthorne Street 

 San Francisco, CA 94105-3901 

 Phone: (415) 972-3973 

Comments should address the proposed permit and facility, including such matters as: 

1. The Best Available Control Technology (BACT) determinations; 

2. The effects, if any, on Class I areas; 

3. The effect of the proposed facility on ambient air quality; and 

4. The attainment and maintenance of the NAAQS. 

EPA held a public hearing regarding this proposed permit decision on July 24, 2012 at San 

Ysidro High School Performing Arts Center in San Diego, California. No party submitted oral 

comments at the public hearing. Pursuant to 40 CFR 124.12, EPA has discretion to hold an 

additional public hearing if we determine there is a significant degree of public interest. 

Requests for an additional public hearing must be in writing and must state the nature of the 

issues proposed to be raised in the hearing. If an additional public hearing is scheduled, a public 

notice stating the date, time and place of the hearing will be issued at least 30 days prior to the 

hearing in accordance with 40 CFR 124.10. 

All information submitted by the applicant is available as part of the administrative record. The 

proposed PSD permit, fact sheet/ambient air quality impact report, permit application and certain 

other supporting information are available on the EPA Region 9 website at 

http://www.epa.gov/region09/air/permit/r9-permits-issued.html#pubcomment. The 

administrative record may be viewed in person, Monday through Friday (excluding federal 

holidays) from 9:00 AM to 4:00 PM, at the EPA Region 9 address above. Due to building 

security procedures, please call Roger Kohn at (415) 972-3973 at least 24 hours in advance to 

arrange a visit. Hard copies of the administrative record can be mailed to individuals upon 

request in accordance with Freedom of Information Act requirements as described on the EPA 

Region 9 website at http://www.epa.gov/region9/foia/. 

EPA’s proposed PSD permit for the Project and the accompanying fact sheet/ambient air quality 

impact report are available for review at the following locations: San Diego Air Pollution 

Control District, 10124 Old Grove Road, San Diego, CA 92131, (858) 586-2600; San Ysidro 

Public Library, 101 W. San Ysidro Boulevard, San Diego, CA 92173, (619) 424-0475; Chula 

Vista Public Library, Civic Center Branch, 365 F Street, Chula Vista, CA 91910, (619) 691-
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5069; Otay Mesa-Nestor Library, 3003 Coronado Avenue, San Diego, CA 92154 (619) 424-

0474; San Diego Central Library, 820 E Street, San Diego, CA 92101, (619) 236-5800; National 

City Public Library, 1401 National City Boulevard, National City, CA 91950, (619) 470-5800. 

All comments that are received will be included in the public docket without change and will be 

available to the public, including any personal information provided, unless the comment 

includes Confidential Business Information (CBI) or other information whose disclosure is 

restricted by statute. Information that you consider CBI or otherwise protected should be clearly 

identified as such and should not be submitted through e-mail. If you send e-mail directly to the 

EPA, your e-mail address will be automatically captured and included as part of the public 

comment. Please note that an e-mail or postal address must be provided with your comments if 

you wish to receive direct notification of EPA’s final decision regarding the permit. 

EPA will consider all written comments submitted during the public comment period before 

taking final action on the PSD permit application and will send notice of the final decision to 

each person who submitted comments and contact information during the public comment period 

or requested notice of the final permit decision. EPA will respond to all substantive comments in 

a document accompanying EPA’s final permit decision and will make the Public Hearing 

proceedings available to the public. 

EPA’s final permit decision will become effective 30 days after the service of notice of the 

decision unless: 

1. A later effective date is specified in the decision; or 

2. The decision is appealed to EPA’s Environmental Appeals Board pursuant to 40 CFR 

124.19; or 

3. There are no comments requesting a change to the proposed permit decision, in which 

case the final decision shall become effective immediately upon issuance. 

If EPA issues a final decision granting the PSD permit application for the Project, and there is no 

appeal, construction of the Project may commence, subject to the conditions of the PSD permit 

and other applicable permit and legal requirements. 

If you have questions, or if you wish to obtain further information, please contact Roger Kohn at 

(415) 972-3973, via email at R9airpermits@epa.gov, or at the mailing address above. If you 

would like to be added to our mailing list to receive future information about this proposed 

permit decision or other PSD permit decisions issued by EPA Region 9, please contact Roger 

Kohn at (415) 972-3973 or send an email to R9airpermits@epa.gov, or visit EPA Region 9's 

website at http://www.epa.gov/region09/air/permit/psd-public-guidelines.html. 

Please bring the foregoing notice to the attention of all persons who would be interested in this 

matter.